Draft Suggestions for the Chinese Civil Code Scholars and Legislative Reasons · Tort Chapter

Author: Wang Liming
Publisher:
Publish Date: 2005-06-01
Features: The concept of the Civil Code system refers to the logical arrangement of civil rules or legal provisions that regulate personal and property relationships between equal subjects, which possess an inherent organic connection, when adopting a codified form. In short, it is the logical system that organically combines all rules of civil law into the Civil Code. With the compilation of the Civil Code project in China already underway, the primary challenge faced by legislators is how to construct the system of the Civil Code. As the highest form of codified law, the Civil Code pursues a high degree of systematicity and rigorous logic. It can be said that the establishment of the Civil Code system holds decisive significance for the drafting of the Civil Code. Therefore, exploring the system of the Civil Code is determined by its inherent attributes. Regarding the issue of how to construct the system of the Chinese Civil Code, the civil law academic community has engaged in extensive and fervent debates. We believe that the system of the Chinese Civil Code should be composed of the General Principles of Civil Law, Personality Rights Law, Family Law, Inheritance Law, Property Law, General Principles of Obligations, Contract Law, General Provisions of Intellectual Property Law, and Tort Law. Below, we will discuss some of the most contentious issues in the construction of the Civil Code system one by one.
"China Civil Code Scholar Draft and Legislative Reasons" provides an in-depth explanation and insightful interpretation of the China Civil Code Scholar Draft organized and drafted by Professor Wang Liming. The set consists of five volumes, covering the entire content of the eight books of the draft, including the General Principles Book, Personality Rights Book, Marriage and Family Book, Inheritance Book, Property Book, General Principles of Obligations Book, Contract Book, and Tort Law Book. The highlights of this set are as follows:
- Novel and Complete System: The draft is divided into books, chapters, and sections based on the content of the provisions, with legislative reasons and reference legislative examples provided under each provision, resulting in a relatively complete and comprehensive overall structure and format.
- Authoritative and Thorough Content: The provisions were drafted by experienced civil law scholars, summarizing the profound insights and research of numerous experts. The legislative reasons section elaborates on the intrinsic meaning of the provisions, explains relevant civil law principles, analyzes theoretical debates, and summarizes the origins and motivations behind the drafting of the provisions. The reference legislative examples section collects legislative examples from both domestic and foreign jurisdictions, providing valuable materials for comparing domestic and foreign legislation and understanding the content of the provisions.
This set combines authoritative insights, cutting-edge theories, detailed materials, and a complete system, making it of great reference value and significance for the broad legal community engaged in the study of civil legislative issues.